Motions for summary judgment are powerful tools in the arsenal of any litigator. However, until relatively recently such motions were generally regarded as beyond the reach of, or not available to, the estate litigator. That reality has changed and there are now “new facts on the ground”.
This paper will address summary judgment motions. After a general introduction, recent case law will be canvassed and considered so that the reader can better understand in what circumstances such motions are appropriate and likely to succeed. As the title of this paper suggests, much depends, as with any motion, on the art of asking or, at least, asking for the right relief at the right time in the right set of circumstances. A final section will therefore provide helpful tips as well as pitfalls to avoid.
Read the full paper here: Dead Ringers Summary Judgment in Estate Litigation by Justin de Vries